The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1887-12-27
NOT JUDGE LAMAR
Objections to the Confirmation on
Legal Grounds.
lAIbany Law Journal.l

1t is to be hoped that the Senate will not
confirm the nomination Of Mr.. Lamar to the
Supreme Court. Various reasons have been
assigned for his unftness for the post. some
based on his former hostility to the govern
ment, some for his intemperanee and unwise
utterances, and some on his personal char
acteristlcs. We suppose there are plenty Of
mel in the country, and In the South, who
did not actively endeayor to overthrow our
government by services on the field and In
councils who could have been selected
without res0rting TO violent secessonist,
unrepentant although reconstructed" BY
process of Reconstruction" Mr.. Lamar has
been admitted to Congress and Cabinet.
Against this we have nothing TO say. These
are political offices in which 1t Is eminently
tit that the South should be represented. But
the Supreme Court bench Is not a political
place. IL is the one place In our scheme OF
government supposed TO be devoid OF politi-
cal feeling, bias and aspiration. It Is the
final safeguard Of our nation in the time OF
the greatest strain upon our Institutions,
barrier against encrOachment and revolution.
To put upon this bench a secessiOnist, who
Is not even repentant. and who cannot see
that he did wrong, Is dangerous stretch OF
leniency and a violent shock to the patriotic
feeling Of loyal people. Mr.. Lamar says Da-
Wis was no traitor, and Of course thinks the
same of himself. IL that Is his way OF argu-
ing he Is an unsafe man to judge Of what Is
treason, and an unsafe man to be intrusted
with the sacred duty imposed on him by this
office.
A Supreme Court justice ought to know
what constitutes treason, because he may be
called on to pass on the cases Of Anarchists
at some time. There must be plenty of loyal
men, even of the South, at least men whose
swords and voices were not raised TO destroy
the government, from whom satisfactory
selection might be made. We hope not TO
be deemed prejudicial, vindictive or illiberal
when we say that It's unwise and unsafe TO
put any original secesslonist on the supreme
Court bench. But there Is another and all
sufficient reason against Mr.. Lamar. He Is
not an eminent lawyer. He never was heard
of as a lawyer except where he lived. For 80
wears or more he has, we understand, been
practically unfamiliar with the courts. The
most partial friend of Mr.. Lamar would not
claim that he Is a learned lawyer. He Is
professional politician. His habits OF thought
and life are far from judicial. An estimable
gentleman, a scholar of considerable eulti-
vation, no doubt, but no lawyer, as we use In
the phrase in connection with the essential
requirements Of this post,
There are certainly eminent lawyers at the
South whose learning and experience would
add strength to the bench. We have hereto-
fore suggested two or three Of them. 1t Is
quite proper that the appointee should come
from the South, but the Senate should look
to it sharply that he knows the law, from
study and experience, to an extent that dis
tinguishes him. and especially that he knows
what treason Is.